RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       22 May 2007
      DOCKET NUMBER:  AR20060016915


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that it was not added to his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge.

3.  In support of his request, the applicant submits a copy of his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 8 July 1969, the date he was released from
active duty.  The application submitted in this case is dated 27 November
2006, and was received for processing on 8 December 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records show that he was commissioned an Infantry
Second Lieutenant, in the US Army Reserve, on 24 March 1967.  He was
ordered to active duty as a Second Lieutenant on 8 July 1967.

4.  The applicant served in Vietnam from 8 July 1968 through 29 June 1969.
While in Vietnam, he served with Company D and Company E, 1st Battalion,
327th Infantry Battalion, 101st Air Cavalry Division, and with the United
States Military Assistance Command, Vietnam (USMACV).

5.  The applicant was honorably released from active duty, on 8 July 1969,
under the provisions of Army Regulation (AR) 635-100, Chapter 3, Section XI
and XIV, at the expiration of his active duty commitment.  He was separated
in the rank and pay grade of First Lieutenant.  On the date he was released
from active duty, he had completed 2 years and 1 day of active military
service.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the following awards:  the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
the Combat Infantryman Badge, and two overseas service bars.

7.  There is no entry in Item 10 (Assignment Limitations) of the
applicant's DA Form 66, Officer Qualification Record, to show he received a
wound in action against a hostile force.

8.  There is no entry in Item 21 (Awards and Decorations), of the DA Form
66, showing the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  The applicant's name appears on page 854 of the Vietnam Casualty List.
 The entry shows he was wounded on 5 August 1968.  On the Vietnam Casualty
List he was shown as, "Hostile Wounded in Action – Not Serious Hosp."

11.  Item 21, of the applicant's DA Form 66, shows the applicant was
awarded the Ranger Tab by Special Orders 124, Headquarters, the School
Brigade, US Army Infantry School, Fort Benning Georgia, after completing
the Ranger course, Class #12 on 29 May 1968.  The Ranger Tab was posted to
Item 21, of the applicant's DA Form 66.  A copy of the order awarding the
Ranger Tab is not on file in the applicant's service records for the
Board's review.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; the
Tet 69 Counteroffensive, which extended from 23 February through 8 June
1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through
31 October 1969.
14.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the 1st Battalion, 327th
Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 19 July 1968 through 14 May 1969,
by Department of the Army General Order (DAGO) Number 43, dated 1970; and
the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 18 March 1968 through 2 May 1970, by DAGO Number
48, dated 1971.

15.  DA Pamphlet 672-3 also shows the US Military Assistance Command,
Vietnam (USMACV), was awarded the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period 8 February 1962 through 28 March 1973,
by DAGO Number 8, dated 1974.  This unit award is also not shown on the
applicant's DD Form 214.

16.  Item 23, Qualification in Arms, of the applicant's DA Form 66, shows
he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar
[M-16 Rifle], on 24 January 1968.

17.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
20.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record, the Vietnam Casualty List shows the applicant
was wounded in action by a hostile enemy, he received medical treatment,
and the medical treatment was made a matter of official record.  Based on
the evidence, the applicant is entitled to award of the Purple Heart and to
have it added to his DD Form 214.

2.  The applicant served in Vietnam.  He served in four campaigns of the
Vietnam War.  The applicant's DD Form 214 shows entitlement to the Vietnam
Service Medal; however, it does not show the bronze service stars to which
he is entitled for his campaign participation.  He is therefore entitled to
award of four bronze service stars to be affixed to his already-awarded
Vietnam Service Medal and to have these added to his DD Form 214.

3.  The applicant was awarded the Ranger Tab on completion of the Ranger
Training Course, Class #12.  The Ranger Tab is shown on his DA Form 66;
however, it was not transposed to his DD Form 214 on his release from
active duty.  He is entitled to have the Ranger Tab added to his DD Form
214.

4.  The applicant served in units, which combined were awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation (two Awards), and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
while he was a member of the units.  These unit awards are not shown on
his DD Form 214.  He is entitled to these unit awards and to have them
added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 8 July 1969; therefore, the time
for the
applicant to file a request for correction of any error or injustice
expired on 7 July 1972.  Although the applicant did not file within the
ABCMR's 3-year statute of limitations, it is appropriate to waive failure
to timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

_HOF___  __TEO__  __JRH___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Purple Heart; the Vietnam Service
Medal, with four bronze service stars; the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation (Two Awards), and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation; and adding these
awards to his DD Form 214; and

      c.  adding the already awarded Sharpshooter Marksmanship
Qualification Badge, with M-16 Rifle Bar; to his DD Form 214.





                            ____ Hubert O. Fry____   _
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060016915                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070522                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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